Lechner v. Atto

Full title: Mark Lechner v. Ihsan Atto

Court: Court of Appeals of Michigan

Date published: Nov 9, 2022

No. 363317 (Mich. Ct. App. Nov. 9, 2022)

Opinion

363317

11-09-2022

Mark Lechner v. Ihsan Atto

Elizabeth L. Gleicher, Chief Judge

LC No. 17-014707-NZ

ORDER

Elizabeth L. Gleicher, Chief Judge, acting under MCR 7.203(F)(1), orders:

The claim of appeal is DISMISSED for lack of jurisdiction because it was not timely filed within 21 days after entry of either the August 10, 2022 apparent final order or the September 8, 2022 order denying reconsideration. MCR 7.204(A)(1)(a), (d). Also, MCR 7.205(A)(4) regards filing a delayed application for leave to appeal and is inapplicable to the timeliness of a claim of appeal. Further, the claim of appeal cannot be deemed timely under MCR 7.204(A)(3) because it was not filed within 14 days after the date that appellant indicates the September 8, 2022 order was mailed. Dismissal is without prejudice to the filing of a delayed application for leave to appeal under MCR 7.205(A)(4), provided such a filing meets all requirements under the court rules and is not time-barred.